A judge ruled against former Jessieville School Board candidate Jack Wells on Tuesday in his effort to be placed on the ballot of next month's school election.
Garland County Circuit Judge Lynn Williams denied Wells' petition for writ of mandamus and mandatory injunction that would have placed Wells on the correct position on the ballot.
Wells filed with the county clerk's office to run for Position 2 on the School Board. Incumbent board President Sonya Eisenhauer also filed to run again for the Position 2 seat.
However, a memorandum sent from Sandy Davis, a Jessieville administrative assistant, on July 30 revealed that Position 2 was not up for vote in September. Davis' memorandum indicated that the term for Position 1 will expire next month instead of Position 2.
County Clerk Sarah Smith, and Ginna Watson, chairman of the Garland County Election Commission, contacted Wells after they received the memorandum to alert him that he would not be able to run in September.
Wells was represented Tuesday by Hot Springs attorneys Q. Byrum Hurst and Josh Hurst of the Hurst Law Group. Attorney Ralph Ohm represented the county.
Attorneys Paul Bloom and Sharon Streett represented Jessieville Superintendent Andy Curry, who has since resigned; the school district; and the School Board.
Hurst said no argument has been made that the mistakes were made in malice, but the situation allows for manipulation. He argued that Wells obtaining the information directly from Davis would not have altered the circumstances.
"I think the evidence is that there is nothing he could have done any differently," Hurst said. "He just was given the wrong position, and a correction was not made until July 30."
No candidates filed to run for the Position 1 seat. Incumbent Mike Semmler announced Aug. 2 that he would resign from the board effective Sept. 17.
The School Board will then have 30 days to fill the vacancy. The decision would default to the Garland County Quorum Court if no appointment is made within 30 days after.
The annual school election is Sept. 16. Early voting begins Sept. 9.
State Desk on 08/14/2014